R. et al v. Oakland Unified School District et al

Filing 68

ORDER granting 67 STIPULATION to Shorten Time to hear 61 District's Motion to Modify Stay Put Order. Motion Hearing set for 8/7/2014 11:00 AM in Courtroom 4, 3rd Floor, Oakland before Magistrate Judge Kandis A. Westmore. Signed by Judge Kandis A. Westmore on 7/18/2014. (kawlc1, COURT STAFF) (Filed on 7/18/2014)

70 Washington Street, Suite 205
Oakland, California 94607
Main: 510-550-8200 • Fax: [phone]

Fagen Friedman & Fulfrost, LLP

1 FAGEN FRIEDMAN & FULFROST, LLP
Lenore Silverman, SBN 146112
2 [e-mail]
David Mishook, SBN 273555
3 [e-mail]
70 Washington Street, Suite 205
4 Oakland, California 94607
Phone: [phone]
5 Fax: [phone]
6 Attorneys for OAKLAND UNIFIED SCHOOL
DISTRICT
7
Sheila L. Brogna, J.D.
8 Patricia Siehl, J.D.
SF CHILDREN’S LAW
9 440 Hoffman Avenue
San Francisco, CA 94014
10 415-317-2508 FAX: [phone]
[e-mail]
11
Attorneys for Petitioner, Roslyn Rucker
12 and R.R., a minor.
13

UNITED STATES DISTRICT COURT

14

NORTHERN DISTRICT OF CALIFORNIA, OAKLAND DIVISION

15
16 R.R., by and with his parent ROSLYN
RUCKER,
17
Plaintiffs,
18
vs.
19
OAKLAND UNIFIED SCHOOL DISTRICT,
20
Defendant.
21

CASE NO. 4:13-cv-5069 (KAW)
STIPULATED REQUEST AND
PROPOSED ORDER TO SHORTEN
TIME
The Hon. Kandis A. Westmore
Trial Date:

None Set

22
23

Plaintiffs R.R. and Roslyn Rucker (“Plaintiffs”) and Defendant Oakland Unified School

24 District (“District”) hereby submit this stipulation and proposed order to shorten time, seeking to
25 shorten time on the hearing on the District’s motion to modify preliminary injunction enforcing
26 stay put (DKT #61) to August 7, 2014, at 11:00 a.m.:
27

WHEREAS, the District filed its motion to modify preliminary injunction enforcing stay

28 put on July 3, 2014;
4:13-cv-5069 (KAW)
STIPULATION AND PROPOSED ORDER TO SHORTEN TIME

1

WHEREAS, the District originally noticed the hearing on its motion to take place on

2 August 7, 2014, at 11:00 a.m. before this Court;
3

WHEREAS, on July 9, 2014, the Court issued an Order (DKT #65) noting that Defendant

4 had set its hearing within 35 days of its noticed motion (Civil L.R. 7-3(c)) and resetting the
5 hearing date for August 21, 2014;
6

WHEREAS, counsel for the Plaintiffs is unavailable on the date of the new hearing; and

7

WHEREAS, the Court has informed the parties that they may file a stipulation and order to

8 shorten time to have the prior hearing date reinstated;
9

IT IS STIPULATED THAT time will be shortened pursuant to Civil Local Rule 6-1 so the

11 filed by July 23rd and Defendant’s reply will be filed by July 31, 2014.
70 Washington Street, Suite 205
Oakland, California 94607
Main: 510-550-8200 • Fax: [phone]

Fagen Friedman & Fulfrost, LLP

10 District’s motion will be heard on August 7, 2014, at 11:00 a.m. Plaintiffs’ opposition will be

12 DATED: July 16, 2014

FAGEN FRIEDMAN & FULFROST, LLP

13
By:
/s/ David Mishook
David Mishook
Attorneys for OAKLAND UNIFIED SCHOOL
DISTRICT

14
15
16
17

DATED: July 16, 2014

18

S.F. CHILDREN’S LAW

By:
/s/ Sheila Brogna
Sheila Brogna
Attorneys for R.R. and Roslyn Rucker

19
20
21
22

PURSUANT TO STIPULATION, IT IS ORDERED THAT the hearing on Defendant’s

23 motion to modify preliminary injunction enforcing stay put shall be on August 7, 2014, at 11:00
24 a.m. Plaintiffs’ opposition will be filed by July 23rd and Defendant’s reply will be filed by July
25 31, 2014.
26 Dated: July 18, 2014
27

___________________________
Hon. Kandis A. Westmore

00319-00181/630397.1

28
2
STIPULATION AND PROPOSED ORDER TO SHORTEN TIME

4:13-cv-5069 (KAW)